Open-container Bill Squeaks Through Senate

May 30, 1986|By Donna O'Neal , Sentinel Tallahassee Bureau

TALLAHASSEE — A controversial bill that would ban anyone traveling in a vehicle from having an open container of alcohol narrowly passed its first test Thursday on the Senate floor after it was strengthened to match the House version.

However, in an unusual series of maneuvers, opponents managed to delay a subsequent and final vote, which normally occurs immediately after first passage of a bill. The measure is scheduled for a final hearing today.

Also, the Senate passed a comprehensive drunken-driving bill that imposes a mandatory jail term for certain first-offenders and stiffens other penalties and fines.

Senators removed a provision that would have stripped people under 21 of their drivers' licenses for drug or alcohol violations unrelated to operating a vehicle. The House killed a similar measure last Friday.

During floor debate on the open-container bill, its sponsor Sen. Don Childers, D-West Palm Beach, persuaded members to amend it to the original version, which would ban drinking by both drivers and passengers.

The Senate Commerce Committee last week passed an amendment excluding back-seat passengers from the bill (CS/SB 32). Childers argued that exempting passengers would gut the measure and make it impossible to enforce. Drivers could simply hand their drinks to the passenger, Childers said.

The amendment passed by four votes, was reconsidered and passed again by a single vote, 18 to 17. Childers then failed to muster enough support to give the bill a final hearing.

The change makes the bill identical to its House companion (HB 467), which is to be heard Monday by the House Appropriations Committee. That committee on Thursday also passed a bill (HB 1248) that would repeal a statute exempting military personnel under age 21 from the state's drinking-age law.

Proponents say Florida must end the exemption to keep from losing $25 million in federal highway funds next year. The Senate version (CS/SB 711) is in the Senate Appropriations Committee.

The comprehensive drunken-driving bill (CS/SB 294) would require three- day jail terms for first-time drunken-driving offenders with a blood- alcohol level twice the legal limit. The same mandatory term also would apply to those caught driving with a license suspended for a drunken-driving conviction.

The maximum penalty for four or more drunken-driving convictions would be increased from a year in jail to five years in prison. The fine would go up from $1,000 to $5,000.

The bill also would allow hardship exemptions to drunken-driving license suspensions, but only for driving to work or school.